Withdraw a Dissolution Claim? Not So Fast

By | New York Business Divorce | April 17, 2017
Withdraw a Dissolution Claim? Not So Fast Article 11 of the Business Corporation Law governs dissolution of closely held New York business corporations. Article 11 has existed, more or less in its current form, for decades. Some of its provisions have been heavily litigated, including Sections 1104 and 1104-a governing judicial dissolution for deadlock and oppression, and Section 1118 governing buyout of a minority’s interest in an oppression proceeding. View Full Post
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Second Department Reverses Trial Court: Cottage is Not a Nonconforming Use

Second Department Reverses Trial Court: Cottage is Not a Nonconforming Use On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017 NY Slip Op 02661, the Second Department reversed a trial court decision and reinstated a decision of the Zoning Board of Appeals of the Town of Patterson, which decision denied petitioner, Tavano’s, application to establish a legal non-conforming use of an alleged second building at Tavano’s property, referred to as the “cottage”. View Full Post
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Are We Facing the Decline of Chevron Deference and an Article III Renaissance?

In February, presidential advisor Steve Bannon stated that a primary goal of the Trump administration was the “deconstruction of the administrative state.” One feature of the administrative state is “administrative deference,” which involves courts deferring to federal agencies’ interpretations of federal statutes – a topic that we have discussed repeatedly in the past few months,  see here and here. View Full Post
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Additional Opportunity for Increased Extension of Building Permits and Development Orders

Additional Opportunity for Increased Extension of Building Permits and Development Orders Interested parties must notify issuing governmental agency by September 7th to receive a new extension: Due to Governor Scott’s recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit or order for nearly 18 months. View Full Post
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Core Considerations for Core Contracts

By | Bank Law Monitor | April 14, 2017
Core Considerations for Core Contracts Negotiating the terms of a core processing contract makes haggling over a used car seem like child’s play. For most banks, the reality is stark—you might get some wiggle room on price if you’re willing commit to a longer term. You might also get a few changes on issues that “really matter.” But with only a few major core providers to choose from, these providers tend to think they hold most of the cards and don’t like to deviate from their form of master agreement. View Full Post
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Texas Courts of Appeals Differ On Email Signature Issue

Texas Courts of Appeals Differ On Email Signature Issue Recent court of appeals rulings in Texas have been split on issues involving email signatures. The 1st Court of Appeals in Houston issued an opinion March 30 on Khoury v. Prentis B. Tomlinson Jr., No. 01-16-00006-CV, a case that arose from an agreement where John Khoury invested in PetroGulf, a company that Prentis Tomlinson ran and claimed he had a contract to sell oil from Iraq into Syria. View Full Post
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CPSC Announces Second Civil Penalty of Year

CPSC Announces Second Civil Penalty of Year CPSC Reaches Civil Penalty Agreement with Viking Range and Middleby Corporation; Firms to Pay $4.65 Million to Resolve Late Reporting Allegations Over Defective Gas Ranges: The U.S. Consumer Product Safety Commission (CPSC) has announced a civil penalty settlement with Viking Range, LLC of Greenwood, Mississippi and its parent company, The Middleby Corporation of Elgin, Illinois. View Full Post
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